Inquiry about transfer of ownership vs. building application

Hi,

Situation: Land paid for, we are waiting for the notice for the real estate transfer tax so that the ownership transfer can be completed. That will come very soon, payment will be made promptly. As far as we can see, everything is in the green zone. Now the notary informed us that currently at the responsible land registry office for ownership transfers a waiting time of 6 to 7 months is to be expected.

That doesn't sound so good again. Although, if we have been correctly informed (a brother-in-law of mine has a small construction company), a building application can still be submitted. Is that correct until then? As far as I could find further information on the internet, everything fits. Until then everything looks good... said the snake to the rabbit ;)

Are there still pitfalls that we have not considered? The goal is to complete the house within this time (Note: site plan and drawing arrived as a preliminary draft yesterday. We still have a bit of fine-tuning and then shooting at us is allowed here. :D )

Kermit

Are there still pitfalls that we haven't considered? The goal is to complete the house within this time (Note: Site plan and drawing arrived as a preliminary draft yesterday. We still have a bit of fine-tuning to do, and then you can shoot at us here. :D )

Yes, that the construction time from now on of 6-7 months is rather too short;)

Otherwise, no problems with the missing transfer of ownership. There is an AV in the land register for that.

Hi,

Dafür gibt es ja eine AV im Grundbuch.

Thanks, we hadn’t thought of that.

Ja, dass die Bauzeit ab jetzt mit 6-7 Monaten eher zu kurz is

Hope dies last ... Now we don’t have extreme time pressure on us, if anything, we put pressure on ourselves. Although the self-imposed pressure is not insignificant, as I know from my own professional experience.

Kermit

,

who is the seller? Family, community, or a private third party?

Basically, this is unproblematic, but formally you are building on someone else’s land. The current/actual owner must agree to this (if it is noticed by the building authority), but you can document the transfer of ownership/purchase agreement including the application that was sent to the land registry office, so that the building authority understands that it only depends on the processing time at the land registry.

Have a look at the purchase contract to see what it says about "risk transfer, rights and obligations," I am not quite certain, but it may be that this already happens with the payment of the purchase price or another logical partial step of the purchase agreement that differs from the entry in the land register. This means that from this point on, all rights and obligations on the property are anyway transferred to you are, even if the registration is still ongoing. If in doubt, consult the notary and/or the building authority, but this occurs regularly, so as said, it is basically harmless.

Best regards
Dirk Grafe

,
Take a look at the purchase contract to see what it says about "transfer of risk, rights and obligations," I'm not entirely sure, but it could be that this already happens upon payment of the purchase price...

That's how I know it too from all the contracts that have come my way professionally.
Besides, there are the General Terms and Conditions.

Hello,

who is the seller? Family, municipality or a private third party?

It is a private owner who lives a few houses away. He bought a plot of 3000 sqm and divided it into 6 parcels. One house has been finished since last year, another is almost done, currently 2 more are being built, or rather the earthworks are in full progress. We have also already met some of the owners.
Therefore, the building authority basically knows what is happening in the small village of 1000 inhabitants. Out in the sticks, I say ...

That means that from this point on all rights and also obligations regarding the property are transferred to you anyway are, even if the registration is still ongoing.

I thought so too, that I had read that. Thanks for the reminder, I will take a closer look again.

Kermit